Lake County DSA comments on supervisor working as attorney

LAKE COUNTY -- The union for county sheriff's deputies urged Anthony Farrington, a Lake County supervisor and private attorney, to resign from elected office should he continue representing people in cases involving any county agency.

"As an attorney, Farrington is required to place his client's best interests ahead of all other interests, including those of the county, which Supervisor Farrington is required to serve," Lake County Deputy Sheriff's Association (DSA) president Gary Frace wrote in a statement on the organization's behalf Monday.

"Should Supervisor Farrington feel that the furtherance of his career and personal interests be better served by continuing his legal counsel services and refuse to refrain from matters which clearly interfere with his duties as a sworn elected official of the county of Lake in any way, he should step down from his well-served and much appreciated elected position as a district supervisor," the statement added.

Farrington, who began practicing law in May and was elected to his fourth term in office in June, vowed Monday to continue serving as the supervisor of District 4.

"I'm not going to step down," Farrington said.

He indicated he planned to send a request to the California Fair Political Practices Commission Tuesday requesting a written advice letter on whether there is a conflict with him practicing criminal or civil law while serving on the Board of Supervisors.

If the commission deems a conflict exists, Farrington said he would "change my practice to conform to any concerns that they may have."

The supervisor also called the DSA's statement "politically motivated and inappropriate."

The comments by the union came in the wake of Farrington asking for documents from the Lake County Sheriff's Office (LCSO) on behalf of a now-former client.

On Oct. 29, Farrington formally requested records, policies and evidence from the LCSO on behalf of Mark W. Brooner, who was arrested and charged in connection with illegal marijuana growing.

Lt. Brian Kenner in turn sent a memo to County Counsel Anita Grant Nov. 21, asking for private legal counsel for the LCSO as a result of Farrington's actions. Grant responded, arguing no conflict existed that would preclude her office from representing the LCSO.

Farrington said he no longer represents Brooner, but the situation led others to question whether a supervisor should practice law in the county.

Sheriff Frank Rivero suggested Nov. 29 that Farrington should "make a decision between his seat on the Board of Supervisors and representing alleged criminals."

The DSA statement, which Frace said was not influenced by the sheriff, urged Farrington to avoid participating in any legal case that "has even the appearance of conflict."

On behalf of the union, Frace also claimed Farrington "made wild allegations of misconduct by deputies, which may result in disciplinary investigations against deputies." He pointed out that the Board of Supervisors decides on deputies' disciplinary appeals.

Farrington denied asserting corruption or misconduct on the part of deputies involved in the Brooner investigation.

Rather, he said his Oct. 29 letter to the LCSO merely asked for evidence related to the validity of the allegations against his then-client, who was accused of growing more than 800 marijuana plants in October 2010.

"I said there was a discrepancy in the plant count," Farrington said.

He added that if any LCSO representatives were disciplined because of their actions in the Brooner case, he would recuse himself from the Board of Supervisors' discussion. "That's how I would deal with that potential conflict," Farrington said.

Rivero confirmed Monday that he had no role in the DSA releasing a statement on the issue.

"I concur 100 percent with every word that they said," the sheriff said of the union's comments. "I applaud them for having the courage to stand up for what's right."

The LCSO denied Lake County Publishing's California Public Records Act request for documents from the pending case against Brooner Friday.

Kenner wrote, "The release of those records at this time could endanger the successful completion of the investigation, as the possibility exists that further investigation will be required by personnel from this office or from the Lake County District Attorney's Office. Additionally, the release of the records could compromise the prosecution of the suspect."

Jeremy Walsh is a staff reporter for Lake County Publishing. Reach him at 263-5636, ext. 37 or jwalsh@record-bee.com. Follow him on Twitter, @JeremyDWalsh.